Privacy policy

1. definitions

This data protection declaration is based on the definitions used by the European Directive and Regulation Maker when adopting the DSGVO (Article 4 DSGVO). This privacy policy is intended to be both easy to read and easy to understand for any person. To ensure this, we would first like to explain the terminology used. This Privacy Policy uses these definitions, among others:

• “personal data” any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
• “data subject” means any identified or identifiable natural person whose personal data are processed by the controller.
• “Processing” any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
• “restriction of processing” means the marking of stored personal data with the aim of limiting their future processing;
• “Profiling” any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location;
• “Responsible” the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law;
• “Recipient” means a natural or legal person, public authority, agency or other body to whom Personal Data is disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients; the processing of such data by the aforementioned authorities shall be carried out in accordance with the applicable data protection rules, in line with the purposes of the processing;
• “third party” means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor;
• “Consent” of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

2. name and contact details of the controller

This privacy notice applies to data processing by: Person responsible:

TOM GmbH & Co. KG, represented by the Managing Director Mr. Anton Majerle, e-mail info@tomcase.de, phone: +49 (0) 7543 965 49 69

3. collection and storage of personal data and the nature and purpose of their use

a) When visiting the website: In principle, you can use our website without disclosing your identity. When you visit our website, the browser used on your terminal device automatically sends information to our website server. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion:

• IP address of the requesting computer,
• Date and time of access,
• Name and URL of the retrieved file,
• Website from which the access is made (referrer URL),
• The browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The aforementioned data will be processed by us for the following purposes:

• Ensuring a smooth connection of the website,
• Ensuring a comfortable use of our website,
• Evaluation of system security and stability, and
• for other administrative purposes.

The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person. In addition, we use cookies and analytics services when you visit my website. For more detailed explanations, please refer to sections 5 and 7 of this privacy policy.

b) When using our contact form

For questions of any kind, we offer you the possibility to contact us via a form provided on our website. In doing so, it is necessary to provide a valid e-mail address so that we know from whom the request originates and so that we can answer it. Additional information can be provided voluntarily. It is your free decision whether you want to enter this data in the contact form.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO on the basis of your voluntarily given consent.

The personal data collected by us for the use of the contact form will be automatically deleted after completion of your request.

c) For orders placed via our website

You can either place orders through our website as a guest without registering, or register in our store as a customer for future orders. Registration has the advantage for you that in case of a future order you can log in directly to our store with your e-mail address and password without having to enter your contact details again.

Your personal data is entered in an input mask and transmitted to us and stored. When you place an order via our website, we first collect the following data, both in the case of a guest order and in the case of registration in the store:

• Salutation, first name, last name,
• a valid e-mail address,
• Address,
• Phone number (landline and/or mobile)

The collection of this data takes place,

• to be able to identify you as our customer;
• to be able to process, fulfill and handle your order;
• for correspondence with you;
• for invoicing;
• for the settlement of any existing liability claims, as well as the assertion of any claims against you;
• to ensure the technical administration of our website;
• to manage our customer data.

As part of the ordering process, consent is obtained from you for the processing of this data.

The data processing is carried out in response to your order and/or registration and is in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO for the aforementioned purposes for the appropriate processing of your order and for the mutual fulfillment of obligations arising from the purchase contract.

The personal data collected by us for the processing of your order will be stored until the expiry of the legal obligation to keep records and will be deleted thereafter, unless we are required to do so pursuant to Article 6 para. 1 p. 1 lit. c DSGVO due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) are obliged to a longer storage or you consent to a storage beyond that according to Art. 6 Para. 1 p. 1 lit. a DSGVO have consented.

4. disclosure of data

Your personal data will only be passed on to third parties by us to the service partners involved in the processing of the contract, such as the logistics company commissioned with the delivery and the credit institution commissioned with payment matters. In cases where your personal data is passed on to third parties, however, the scope of the data transferred is limited to the minimum necessary.

When paying via PayPal, credit card via PayPal, direct debit via PayPal or “purchase on account” via PayPal, we pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or “purchase on account” via PayPal. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. Among other things, address data is included in the calculation of the score values. Further information on data protection can be found in the PayPal data protection principles: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Your personal data will not be transferred to third parties for purposes other than those mentioned above.

We also share your personal information with third parties only if:

• You have provided us with your personal data in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO have given express consent to this,
• the disclosure according to Art. 6 para. 1 p. 1 lit. f DSGVO is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data,
• in the event that for the transfer according to Art. 6 para. 1 p. 1 lit. c DSGVO a legal obligation exists, as well as
• this is legally permissible and in accordance with Art. 6 para. 1 p. 1 lit. b DSGVO is necessary for the processing of contractual relationships with you.

As part of the ordering process, consent is obtained from you to share your data with third parties.

5. use of cookies

We use cookies on our site. These are small files that your browser automatically creates and that are stored on your end device (laptop, tablet, smartphone or similar) when you visit our website. Cookies do not cause any damage to your end device, do not contain viruses, Trojans or other malware. Information is stored in the cookie that arises in each case in connection with the specific end device used. However, this does not mean that we thereby obtain direct knowledge of your identity. The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after leaving our site. In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your terminal device for a certain specified period of time. If you visit our site again to make use of our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again. On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 7). These cookies allow us to automatically recognize that you have already been with us when you visit our site again. These cookies are automatically deleted after a defined period of time. The data processed by cookies are necessary for the aforementioned purposes to protect our legitimate interests as well as those of third parties pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO required. Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.

6. links to third party websites

The links published on our website are researched and compiled by us with the greatest possible care. However, we have no influence on the current and future design and content of the linked pages. We are not responsible for the content of the linked pages and expressly do not adopt the content of these pages as our own. For illegal, incorrect or incomplete contents as well as for damages resulting from the use or non-use of the information, only the provider of the website referred to is liable. The liability of the person who merely refers to the publication by a link is excluded. We are only responsible for external references if we have positive knowledge of them, i.e. also of possible illegal or punishable content, and if it is technically possible and reasonable for us to prevent their use.

7. analysis and tracking tools

The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 p. 1 lit. f DSGVO carried out. With the tracking measures that are used, we want to ensure a needs-based design and the ongoing optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These interests are to be considered legitimate within the meaning of the aforementioned provision. The respective data processing purposes and data categories can be found in the corresponding tracking tools.

a) Google Analytics

For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analytics service provided by Google, Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymized usage profiles are created and cookies (see under item 5) are used. The information generated by the cookie about your use of this website such as

• Browser type/version,
• operating system used,
• Referrer URL (the previously visited page),
• Host name of the accessing computer (IP address),
• Time of the server request,

are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. In no case will your IP address be merged with other data from Google. The IP addresses are anonymized so that an assignment is not possible (IP masking). You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de). As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on the aforementioned link. An opt-out cookie is set that prevents future collection of your data when you visit our website. The opt-out cookie is valid only in this browser and only for our website and is placed on your device. If you delete the cookies in this browser, you must set the opt-out cookie again. For more information on data protection in connection with Google Analytics, please see the following link in the Google Analytics Help: support.google.com/analytics/answer/6004245

b) Google Adwords Conversion Tracking

In order to statistically record the use of our website and to evaluate it for the purpose of optimizing our website for you, we also use Google Conversion Tracking. In the process, Google Adwords sets a cookie (see section 5) on your computer if you have accessed our website via a Google ad. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. Each Adwords customer receives a different cookie. Cookies can therefore not be tracked through the websites of Adwords customers. The information collected using the conversion cookie is used to create conversion statistics for Adwords customers who have opted for conversion tracking. Adwords clients will learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information with which users can be personally identified. If you do not wish to participate in the tracking procedure, you can also refuse the setting of a cookie required for this – for example, by means of a browser setting that generally deactivates the automatic setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the “www.googleadservices.com” domain. Google’s privacy policy on conversion tracking can be found at the following link: services.google.com/sitestats/en.html

8. social media plugins

We use on our website on the basis of Art. 6 para. 1 p. 1 lit. f DSGVO uses social plugins of social networks (e.g. Facebook, Twitter, Google+) to make our company better known. The underlying promotional purpose is to be considered a legitimate interest within the meaning of the GDPR. Responsibility for data protection-compliant operation is to be ensured by their respective providers. The integration of these plugins by us takes place by way of the so-called two-click method in order to protect visitors to our website as best as possible.

a) Facebook

Social media plugins from Facebook are used on our website to make their use more personal. For this purpose, we use the “LIKE” or “SHARE” button. This is an offer from Facebook. When you visit a page of our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser, which then integrates it into the website. By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by clicking the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook for everyone to see. Facebook may use this information for the purposes of advertising, market research, and customization of Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook. If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting my website. For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to the privacy policy, in particular the Facebook data policy, which you can view at the following link: www.facebook.com/about/privacy/

b) Twitter

Our website contains plugins of the short message network of Twitter Inc. (Twitter) integrated. You can recognize the Twitter plugins (tweet button) by the Twitter logo on our site. You can find an overview of tweet buttons under this link at Twitter: dev.twitter.com/web/tweet-button If you call up a page of our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter thereby receives the information that you have visited our site with your IP address. If you click on the Twitter “tweet button” while logged into your Twitter account, you can link the contents of our pages on your Twitter profile. This allows Twitter to assign the visit to our pages to your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. If you do not want Twitter to be able to associate your visit to our pages, please log out of your Twitter user account. For more information, please see Twitter’s privacy policy, which you can view here: twitter.com/en/privacy

c) Google “+1” button

Our website uses the “+1” button of the social network Google, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA. The button is marked with a “+1″. The “+1” button is an abbreviation for “this is pretty cool” or “check this out”. The button is not used to track your visits to the web. If a web page of our website contains the “+1” button, your internet browser will load and display this button from the Google server. The Google server is automatically informed of the website of our Internet presence that you have visited. When displaying a +1 button, Google does not permanently log your browsing history, but only for a period of up to two weeks. Google keeps this data about your visit stored for this period for system maintenance and troubleshooting purposes. However, this data is not structured by individual profiles, usernames or URLs. This information is also not accessible to website publishers or advertisers. This information is used only for maintenance and troubleshooting purposes in internal systems at Google. Your visit to a page with a +1 button is also not evaluated by Google in any other way. There will be no further evaluation of your visit to a web page of our website with a “+1” button. The assignment of +1 itself is a public process, i.e. anyone who performs a Google search or calls up content on the web to which you give +1 can potentially see that you have given a +1 to the content in question. Therefore, only give +1 if you are absolutely sure that you want to share this recommendation with the whole world. Clicking on this +1 button serves as a recommendation for other users in Google’s search results. You can publicly share that you like our website, that our website meets your approval or that you can recommend our website. If you have registered for Google+ and are logged in, the +1 button will turn blue when clicked. In addition, the +1 will be added to the +1 tab in your Google profile. On this tab, you can manage your +1s and decide whether you want to make the +1 tab public. In order to store your +1 recommendation and make it publicly available, Google collects information about your recommended URL, your IP address and other browser-related information via your profile. If you withdraw your +1, this information will be deleted. All +1 recommendations from you are listed on the +1- tab in your profile. Further notes and the applicable data protection provisions of Google can be found at www.google.de/intl/de/policies/privacy/. Further notes from Google on the Google+1 button can be found at the link developers.google.com/+/web/buttons-policy

9. data subject rights

You have the right:

• to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected from me, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
• in accordance with Art. 16 DSGVO to immediately demand the correction of incorrect or completion of your personal data stored by us;
• pursuant to Art. 17 DSGVO to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
• to request the restriction of the processing of your personal data in accordance with Art. 18 DSGVO, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO;
• pursuant to Art. 20 DSGVO to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller;
• according to Art. 7 par. 3 DSGVO to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing that was based on this consent for the future, and
• complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.

10. right of objection

If your personal data is collected on the basis of legitimate interests pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data in accordance with Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation or the objection is directed against direct marketing. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation.

If you wish to exercise your right of revocation or objection, an e-mail to: info@tomcase.de is sufficient.

11. data security

Within the website visit, we use the widespread SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser. We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

12. up-to-dateness and modification of this privacy policy

This privacy policy is currently valid and has the status March 2018. Due to the further development of our website and offers on it or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy. The current privacy policy can be accessed and printed out at any time on our website at the following link: https://tomcase.de/datenschutzerklaerung/